Development Application: 161 Castlereagh Street, Sydney - D/2019/88
Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
The Panel refused consent for Development Application No. D/2019/88 for
the following reasons:
(A)
The proposal will
result in an FSR of 14.86:1 which exceeds the 12.52:1 FSR (base 8:1 plus 4.52:1
accommodation floor space) development standard prescribed under Clause 4.4 and
Clause 4.6 of the Sydney LEP 2012. The Clause 4.6 variation that
has been submitted is not supported as Council is not satisfied that the
written request has provided adequate justification that compliance with the
Floor Space Ratio control is unreasonable or unnecessary. Further, the
application does not provide sufficient environmental planning grounds
to justify contravening the standard.
(B)
The proposal reduces
the amount and quality of the useable open space available to the public in the
plaza. The leasable seating zone, for the exclusive use of the pub, is extended
with a continuous awning over the outdoor seating area. This will result in a large portion of the
plaza being privatised.
(C)
The proposal is
contrary to the base consent D/2007/1792/H which permitted additional floor
space above the floor space development standard based on public benefits
including the plaza. The proposal is contrary to the restrictive covenant which
requires a clear demarcation of the "public" and
"private/leasable space" space to ensure that the space is not
privatised by future uses.
(D)
The new bar known as
tenancy 3 will almost entirely encompass the buildings undercroft and will
negatively impact on views to and the space around the existing public art
installation. The proposal is contrary to the objectives of provision 3.1.5
(public art) of Sydney DCP 2012 which includes a requirement to improve the
quality of public artworks in private developments and ensure that public art
is an integrated and cohesive part of new developments.
(E)
The proposal fails to
demonstrate design excellence in accordance with Clause 6.21 of the Sydney LEP
2012 as the form and external appearance of the proposed development does not
improve the quality and amenity of the public domain and the proposal will
impact on views to the existing art installation.
(F)
The proposal fails to comply with provision
3.5.2 of the Sydney DCP 2012. The proposed awning will encroach significantly
on the canopy of the semi-mature hills fig tree located in a planter box on the eastern side of the plaza.
(G)
The proposal is inconsistent
with the objectives of Section 3.15 (late night trading management) of the
Sydney DCP 2012 as the submitted acoustic report presents a number of technical
errors and fails to detail the existing acoustic levels of the surrounding
site. Further the recommendations in the report have not been reflected in
plans or the submitted Plan of Management and a number of claims in the report
of acoustic compliance are not supported, thus failing to ensure that the
development will not have an adverse amenity impact on surrounding sensitive
uses.
(H)
With consideration of the above matters,
approval of the development would not be in the public interest and is contrary
to Clause 4.15(1) (e) of the Environmental Planning and Assessment Act
1979. The proposal is inconsistent with
the relevant planning controls and will have adverse environmental impacts on
the locality.
Carried unanimously.
Speakers
Jillian Sneyd (GLN Planning – on behalf of the Castlereagh Boutique
Hotel and The Masonic Club), David Rippingill (Director, Design Collaborative –
on behalf of the applicant), Stephen Nicol (GPT Property Group – Applicant),
Sean McPeake (Principal Architect, FJMT– on behalf of the applicant), George
Wei (Director, Acoustic Logic– on behalf of the applicant) and Simon Tilley
(Hotelier – Applicant).
D/2019/88
Report author: Charbel Touma
Publication date: 30/10/2019
Date of decision: 30/10/2019
Decided at meeting: 30/10/2019 - Local Planning Panel
Accompanying Documents: